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Home My WebLink AboutCOM 0628.000 2002-2004 oJMtV of N~~ . 4; Harry Kim V ~ Christopher J. Yuen MaYnr Directs r ?~tl of.N'ylr` Roy R. Takemoto Deputy Director 1~1.I11tYC'~~J D~ ~MCtTMt1 PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 (808)961-8288 Fax(808)961-8742 CERTIFIED MAIL 7002 1000 0004 8650 0807 May 12, 2004 s ~7 ~ Cn r_- . Franklin Management Retirement Plan 533 Queens Way -r Canton, MI 48188 fJ To Whom It May Concern: SUBJECT: Alleged Zoning Violation (ZVC 04-031) Alleged State Land Use Violation Illegal Dwellings in an Agricultural District Subject: Warning Letter Allowing Sixty (60) Days to Comply TMK: 1-6-106: 097 Tiki Gardens Subdivision Keaau Puna HI A tent and an automobile used as dwellings within an agricultural district are prohibited. Our zoning inspector conducted a site inspection on April 15, 2004. The site inspection and further investigation has revealed the following: 1. The property is situated within the State Land Use Agricultural district and the County's Agricultural (A-la) zoned district. 2. The property is located on Aloha Drive in the Tiki Gazdens Subdivision. This is in the Puna District of Hawaii. The Tax Map Key is 1-6-106: 097 and the lot size are 8,100 square feet. The listed owner of the property is the Franklin Management Retirement Plan. Hawaii County is an equal opportunity provider and employer ~r Comm. No. 1~ Ref. To: Ret. Uate, MAY _ Franklin Management Retirement Plan Page 2 May 12, 2004 3. According to Section 25-4-4 (Uses Prohibited) of Chapter 25 (Zoning Code), Hawaii County Code, any use not listed among the permitted uses in a zoning district is a prohibited use within that district, except as otherwise provided in this chapter. Section 25-5-72 (Permitted Uses within Ag Districts) does not list tent and an automobile used as dwellings as a permitted use. 4. According to section 205-4.5 of the Hawaii Revised Statutes (Permitted Uses Within Agricultural Districts), a tent and an automobile used as dwelling is not listed as a permitted use. 5. Verification was made by our zoning inspector that there is a tent and an automobile (Volkwagon Bus) being used as dwellings on the subject property. Based on all of the above, the Planning Director finds you in violation of Section 205-4.5 of the Hawaii Revised Statutes and subject to enforcement action pursuant to Section 205-13 of the Hawaii Revised Statutes. The Planning Director also finds you in violation of Section 25-4-4 of the Hawaii County Code and subject to enforcement action pursuant to section 25-2-35 of Chapter 25 of the Hawaii County Code. Section 205-13, Hawaii Revised Statutes, states: "Any person who violates any provision under section 205-4.5 or any regulation established relating thereto, shall be fined not more than $5,000, and any person who violates any other provision of this chapter, or any regulation established relating thereto, shall be fined not more than $1000. If any person cited for a violation under this chapter fails to remove such violation within six months of such citation and the violation continues to exist, such person shall be subject to a citation for a new and separate violation. There shall be a fine of not more than $5,000 for any additional violation. Prior to the issuance of any citation for a violation, the appropriate enforcement officer or agency shall notify the violator and the mortgagee, if any, of such violation, and the violator or the mortgagee, if any, shall have not more than sixty days to cure the violation before citation for a violation is issued." This letter serves as notification and you have sixty (60) days to comply with the corrective action listed below. Corrective action consists of: Franklin Management Retirement Plan Page 3 May 12, 2004 1) Remove the tent dwelling from the subject property, and 2) No further living in a tent or an automobile (Volkwagon Bus) or any unpermitted dwelling on the subject property. If corrective action is not completed by July 23, 2004, we will issue a Notice of Violation and Order, which will carry a fine of not more than $5,000 for each offense in accordance with HRS Section 205-13 and a civil fine not to exceed $500 in accordance with HCC Section 25-2-35(c)(3). If the violation persists, there will be a daily fine of not more than $500 in accordance with HCC Section 25-2-35(c)(4). Pursuant to HCC Section 25-2-35(i) fines assessed under this Section shall constitute a lien upon the subject property upon filing of said lien with the Bureau of Conveyances. This matter may be referred to the Office of Corporation Counsel for civil remedy and/or the Prosecuting Attorney's Office for criminal prosecution. Upon completion of corrective action, you are responsible for contacting Zoning Inspector Robert Usagawa by telephone and in writing to the Planning Director to verify the completion of corrective action. A site inspection will need to be conducted to verify that corrective action has been completed. Please mail your response within sixty (60) days of your receipt of this letter to: The Planning Department Attn: Robert Usagawa 101 Pauahi Street, Room 3 Hilo, HI 96720 Should you have any questions on this matter, please contact Zoning Inspector Robert Usagawa of this office at 961-8288. Sincerely, ±a ,~c-,. - CHRISTOPHER J. EN Planning Director RSU:mad p.wpwin60\moose\enforce04\2004-059F..doc Franklin Management Retirement Plan Page 4 May 12, 2004 cc: Mayor's Office, Dixie Kaetsu, Managing Director X-Ionorable James Arakaki, County Council Department of Public Works-Building Division-Hilo State Department of Health-Hilo Mr. Robert Usagawa, Zoning Inspector Mr. Anthony Ching, Executive Officer Land Use Commission DBEDT P.O. Box 2359 Honolulu, HI 96804